Common use of Restrictions on Secured Debt Clause in Contracts

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will not, and will not permit any Restricted Subsidiary to create, issue, incur, assume or guarantee any Secured Debt without making effective provision (and the Company covenants that in such case it will make or cause to be made effective provision) whereby the Senior Notes then outstanding and any other indebtedness of or guarantee by the Company or such Restricted Subsidiary then entitled thereto shall be secured by such Mortgage equally and ratably with (or prior to) any and all other obligations and indebtedness thereby secured for so long as any such other obligations and indebtedness shall be so secured, unless after giving effect thereto, the aggregate amount of all such Secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 1009) involving Principal Properties (other than sale and leaseback transactions permitted by clause (a)(1) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 1009) would not exceed 10% of Consolidated Net Tangible Assets; provided, however, that this Section shall not apply to, and there shall be excluded from Secured Debt in any computation under this Section, indebtedness for money borrowed secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will notnot itself, and will not permit any Restricted Domestic Subsidiary to createto, incur, issue, incur, assume or guarantee any Secured Debt without making effective provision indebtedness for money borrowed represented by notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (and such notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Article called "Debt"), secured by a Mortgage on any Principal Domestic Manufacturing Property of the Company covenants or any Domestic Subsidiary, or any shares of stock or Debt of any Domestic Subsidiary, without effectively providing that in such case it will make or cause to be made effective provision) whereby the Senior Notes then outstanding and Outstanding Securities (together with, if the Company shall so determine, any other indebtedness Debt of or guarantee by the Company or such Restricted Domestic Subsidiary then entitled thereto existing or thereafter created which is not subordinate to the Securities) shall be secured by such Mortgage equally and ratably with (or prior to) such secured Debt (for the purpose of providing such equal and ratable security, the principal amount of Outstanding Securities of any and all other obligations and indebtedness thereby secured for series of Original Issue Discount Securities shall be such portion of the principal amount as may be specified in the terms of that series that would be payable upon acceleration of the Maturity thereof at the time of such determination), so long as any such other obligations and indebtedness secured Debt shall be so secured, unless unless, after giving effect thereto, the aggregate amount of all such Secured secured Debt plus all Attributable Debt of the Company and its Restricted Domestic Subsidiaries in respect of sale and leaseback transactions (as defined in Section 1009) involving Principal Properties (other than sale and leaseback transactions permitted by clause (a)(1) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 1009) would not exceed 10% of Consolidated Net Tangible Assets; providedPROVIDED, howeverHOWEVER, that this Section shall not apply to, and there shall be excluded from Secured secured Debt in any computation under this Section, indebtedness for money borrowed Debt secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will shall not, and will the Company shall not permit any Restricted Subsidiary to createto, incur, issue, incur, assume or guarantee any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (“Debt”), secured by pledge of, or mortgage or lien on, any Principal Property, or any shares of Capital Stock of or Debt of any Restricted Subsidiary (such pledges, mortgages and liens being called “Mortgage” or “Mortgages” and such Debt secured by such Mortgages being called “Secured Debt Debt”), without making effective provision effectively providing that the Notes (and together with, if the Company covenants that in such case it will make or cause to be made effective provision) whereby the Senior Notes then outstanding and shall so determine, any other indebtedness of or guarantee by the Company or such Restricted Subsidiary then entitled thereto existing or thereafter created which is not subordinate to the Notes) shall be secured by such Mortgage equally and ratably with (or prior to) any and all other obligations and indebtedness thereby secured for such Secured Debt, so long as any such other obligations and indebtedness Secured Debt shall be so secured, unless after giving effect thereto, the aggregate amount of all such Secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of sale any Sale and leaseback transactions (as defined in Section 1009) involving Principal Properties (other than sale and leaseback transactions permitted by clause (a)(1) Leaseback Transaction would not, at the time of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 1009) would not such incurrence, issuance, assumption or guarantee, exceed 1015% of Consolidated Net Tangible Assets; provided, however, that this Section restriction shall not apply to, and there shall be excluded from Secured Debt in any computation under this Sectionsuch restriction, indebtedness for money borrowed secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will notnot itself, and will not permit any Restricted Subsidiary to createto, incur, issue, incurassume, assume or guarantee any Secured Debt without making effective provision (and Debt, whether or not evidenced by negotiable instruments or securities, secured after the date hereof by Mortgage on any Principal Property of the Company covenants or any Restricted Subsidiary or any shares of Capital Stock of or Debt of any Restricted Subsidiary, without effectively providing that in such case it will make or cause to be made effective provision) whereby all the Senior Notes then outstanding and Securities Outstanding (together with, if the Company shall so determine, any other indebtedness Debt of or guarantee by the Company or such Restricted Subsidiary then entitled thereto existing or thereafter created which is not subordinate to any of the Securities) shall be secured by such Mortgage equally and ratably with (or or, at the option of the Company, prior to) any and all other obligations and indebtedness thereby such secured for Debt, so long as any such other obligations and indebtedness secured Debt shall be so secured, unless unless, after giving effect thereto, the aggregate amount of all such Secured secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries in with respect of to sale and leaseback transactions (as defined in to which Section 1009) involving Principal Properties (other than sale and leaseback transactions permitted by clause (a)(1) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 1009) 1105 is applicable would not exceed 10% of Consolidated Net Tangible Assets; provided, however, that this Section shall not apply to, and there shall be excluded from Secured secured Debt in any computation under this Section, indebtedness for money borrowed Debt secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will notnot itself, and will not permit any Restricted Subsidiary to createto, incur, issue, incurassume, assume or guarantee any Secured Debt without making effective provision (and Debt, whether or not evidenced by negotiable instruments or securities, secured after the date hereof by Mortgage on any Principal Property of the Company covenants or any Restricted Subsidiary or any shares of Capital Stock of or Debt of any Restricted Subsidiary, without effectively providing that in such case it will make or cause to be made effective provision) whereby all the Senior Notes then outstanding and Securities Outstanding (together with, if the Company shall so determine, any other indebtedness Debt of or guarantee by the Company or such Restricted Subsidiary then entitled thereto existing or thereafter created which is not subordinate to any of the Securities) shall be secured by such Mortgage equally and ratably with (or or, at the option of the Company, prior to) any and all other obligations and indebtedness thereby such secured for Debt, so long as any such other obligations and indebtedness secured Debt shall be so secured, unless unless, after giving effect thereto, the aggregate amount of all such Secured Debt plus all Attributable secured Debt of the Company and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 1009) involving Principal Properties excluding any Debt secured by Mortgages permitted to be incurred by clauses (other than sale and leaseback transactions permitted by clause (a)(1) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1a) through (6k) below and clause (a)(2) of Section 1009below) would not exceed 10% the Applicable Percentage of Consolidated Net Tangible Assets; provided, however, that this Section shall not apply to, and there shall be excluded from Secured secured Debt in any computation under this Section, indebtedness for money borrowed Debt secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will notnot itself, and will not permit any Restricted Domestic Subsidiary to createto, incur, issue, incur, assume or guarantee any Secured indebtedness for borrowed money represented by notes, bonds, debentures or other similar evidences of indebtedness for borrowed money (such notes, bonds, debentures or other similar evidences of indebtedness for borrowed money being hereinafter in this Article called “Debt”), secured by a Mortgage on any Principal Domestic Property, or any shares of stock or Debt of any Domestic Subsidiary, without making effective provision (and effectively providing or causing its Domestic Subsidiary to provide that the Company covenants that in such case it will make or cause to be made effective provision) whereby the Senior Notes then outstanding and any other indebtedness of or guarantee by the Company or such Restricted Subsidiary then entitled thereto Outstanding Securities shall be secured by such Mortgage equally and ratably with (or prior to) such secured Debt (for the purpose of providing such equal and ratable security, the principal amount of Outstanding Securities of any and all other obligations and indebtedness thereby secured for series of Original Issue Discount Securities shall be such portion of the principal amount as may be specified in the terms of that series that would be payable upon acceleration of the Maturity thereof at the time of such determination), so long as any such other obligations and indebtedness secured Debt shall be so secured, unless unless, after giving effect thereto, the aggregate amount of all such Secured secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of sale Sale and leaseback transactions (as defined in Section 1009) Leaseback Transactions involving Principal Domestic Properties (other than sale Sale and leaseback transactions Leaseback Transactions permitted by pursuant to clause (a)(12) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 100910.7) would not exceed 1015% of Consolidated Net Tangible Assets; provided, however, that this Section shall not apply to, and there shall be excluded from Secured secured Debt in any computation under this Section, indebtedness for money borrowed Debt secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will shall not, and will the Company shall not permit any Restricted Subsidiary to createto, incur, issue, incur, assume or guarantee any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (“Debt”), secured by pledge of, or mortgage or lien on, any Principal Property, or any shares of Capital Stock of or Debt of any Restricted Subsidiary (such pledges, mortgages and liens being called “Mortgage” or “Mortgages” and such Debt secured by such Mortgages being called “Secured Debt Debt”), without making effective provision effectively providing that the Notes of each series (and together with, if the Company covenants that in such case it will make or cause to be made effective provision) whereby the Senior Notes then outstanding and shall so determine, any other indebtedness of or guarantee by the Company or such Restricted Subsidiary then entitled thereto existing or thereafter created which is not subordinate to the Notes of each series) shall be secured by such Mortgage equally and ratably with (or prior to) any and all other obligations and indebtedness thereby secured for such Secured Debt, so long as any such other obligations and indebtedness Secured Debt shall be so secured, unless after giving effect thereto, the aggregate amount of all such Secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of sale any Sale and leaseback transactions (as defined in Section 1009) involving Principal Properties (other than sale and leaseback transactions permitted by clause (a)(1) Leaseback Transaction would not, at the time of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 1009) would not such incurrence, issuance, assumption or guarantee, exceed 1015% of Consolidated Net Tangible Assets; provided, however, that this Section restriction shall not apply to, and there shall be excluded from Secured Debt in any computation under this Sectionsuch restriction, indebtedness for money borrowed secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will notnot itself, and will not permit any Restricted Subsidiary to createto, incur, issue, incur, assume or guarantee any Secured Debt without making effective provision notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (and “Debt”), secured by pledge of, or mortgage or lien on, any Principal Property of the Company covenants or any Restricted Subsidiary, or any shares of stock of or Debt of any Restricted Subsidiary (such pledges, mortgages and liens being hereinafter in this Section 4.09 called “Mortgage” or “Mortgages” and such debt secured by such Mortgages being hereinafter in this Section 4.09 called “Secured Debt”), without effectively providing that in such case it will make or cause to be made effective provision) whereby the Senior Notes then outstanding and of each series (together with, if the Company shall so determine, any other indebtedness of or guarantee by the Company or such Restricted Subsidiary then entitled thereto existing or thereafter created which is not subordinate to the Notes) shall be secured by such Mortgage equally and ratably with (or prior to) any and all other obligations and indebtedness thereby secured for such Secured Debt, so long as any such other obligations and indebtedness Secured Debt shall be so secured, unless after giving effect thereto, the aggregate amount of all such Secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of sale any Sale and leaseback transactions Leaseback Transaction (as defined in Section 1009) involving Principal Properties (other than sale and leaseback transactions permitted by clause (a)(1) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 10094.10 below) would not exceed 10% of Consolidated Net Tangible Assets; provided, however, that this Section 4.09 shall not apply to, and there shall be excluded from Secured Debt in any computation under this SectionSection 4.09, indebtedness for money borrowed secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will notnot itself, and will not permit any Restricted Subsidiary to createto, incur, issue, incur, assume or guarantee any Secured Debt without making effective provision notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (and notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Article called "Debt"), secured by a pledge of, or mortgage or other lien on, any Principal Property, now owned or hereafter owned by the Company covenants or any Restricted Subsidiary, or any shares of stock or Debt of any Restricted Subsidiary (pledges, mortgages and other liens being hereinafter in this Article called "Lien" or "Liens"), without effectively providing that in such case it will make or cause to be made effective provision) whereby the Senior Notes then outstanding and Securities (together with, if the Company shall so determine, any other indebtedness Debt of or guarantee by the Company or such Restricted Subsidiary then entitled thereto existing or thereafter created which is not subordinate to the Securities) shall be secured by such Mortgage equally and ratably with (or prior to) any and all other obligations and indebtedness thereby such secured for Debt, so long as any such other obligations and indebtedness secured Debt shall be so secured, unless after giving effect thereto, the aggregate amount of all such Secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 1009) involving Principal Properties (other than sale and leaseback transactions permitted by clause (a)(1) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 1009) would not exceed 10% of Consolidated Net Tangible Assets; provided, however, that this Section shall not apply to, and there shall be excluded from Secured secured Debt in any computation under this Section, indebtedness for money borrowed Debt secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it Guarantor will notnot itself, and will not permit any Restricted Subsidiary to createto, incur, issue, incur, assume or guarantee any Secured Debt secured by a Mortgage on any Principal Property or on any shares of stock or Debt of any Restricted Subsidiary, whether such Principal Property, stock or Debt is now owned or shall hereafter be acquired, without making effective provision effectively providing that the Securities (and together with, if the Company covenants that in such case it will make or cause to be made effective provision) whereby the Senior Notes then outstanding and Guarantor shall so determine, any other indebtedness Debt of or guarantee by the Company Guarantor or such Restricted Subsidiary then entitled thereto existing or thereafter created which is not subordinate to the Securities) shall be secured by such Mortgage equally and ratably with (or prior to) any and all other obligations and indebtedness thereby such secured for Debt, so long as any such other obligations and indebtedness secured Debt shall be so secured, unless unless, after giving effect thereto, the aggregate amount of all such Secured secured Debt (other than that permitted below) plus all Attributable Debt of the Company Guarantor and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 1009) involving Principal Properties (other than those sale and leaseback transactions permitted by clause subsections (a)(1a), (c) and (d) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 10094.05) would not exceed 10% of the Consolidated Net Tangible AssetsAssets of the Guarantor; provided, however, that this Section shall not apply to, and there shall be excluded from Secured secured Debt in any computation under this Section, indebtedness for money borrowed Debt secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will notnot itself, and will not permit any Restricted Subsidiary to create, issueto, incur, issue or assume any Indebtedness secured after the date hereof by pledge of, or guarantee mortgage or lien on, any Secured Debt Principal Property of the Company or any Restricted Subsidiary or any shares of Capital Stock of or Indebtedness of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter in this Section 6.02 called "Mortgage" or "Mortgages"), without making effective provision (effectively providing that the Company's obligations under this Agreement and the Notes (together with, if the Company covenants that shall so determine, the Company's guaranty of debt issued in such case it will make or cause to be made effective provision) whereby connection with the Senior Notes then outstanding 1989 ESOP and any other indebtedness of or guarantee by the Company or such Restricted Subsidiary then entitled thereto existing or thereafter created which is not subordinate to the Loans) shall be secured by such Mortgage equally and ratably with (or or, at the option of the Company, prior to) any such secured Indebtedness until such secured Indebtedness has been repaid in full and all other obligations and indebtedness thereby secured for so long as any the liens relating thereto have been released (provided that at the time of such other obligations and indebtedness shall be so securedpayment no Event of Default exists), unless unless, after giving effect thereto, the aggregate amount of all such Secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 1009) involving Principal Properties (other than sale and leaseback transactions permitted by clause (a)(1) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 1009) secured Indebtedness would not exceed 10% of Consolidated Net Tangible AssetsAssets of the Company and its Restricted Subsidiaries; provided, however, that this Section 6.02 shall not apply to, and there shall be excluded from Secured Debt secured Indebtedness in any computation under this SectionSection 6.02, indebtedness for money borrowed Indebtedness secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will not, and will not permit any Restricted Subsidiary to create, issue, incur, assume or guarantee any Secured Debt without making effective provision (and the Company covenants that in such case it will make or cause to be made effective provision) whereby the Senior Notes then outstanding and any other indebtedness of or guarantee by the Company or such Restricted Subsidiary then entitled thereto shall be secured by such Mortgage equally and ratably with (or prior to) any and all other obligations and indebtedness thereby secured for so long as any such other obligations and indebtedness shall be so secured, unless after giving effect thereto, the aggregate amount of all such Secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 1009) involving Principal Properties (other than sale and leaseback transactions permitted by clause (a)(1) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 1009) would not exceed 10% of Consolidated Net Tangible Assets; providedPROVIDED, howeverHOWEVER, that this Section shall not apply to, and there shall be excluded from Secured Debt in any computation under this Section, indebtedness for money borrowed secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will FTL-Cayman shall not, and will shall not permit any Restricted Subsidiary to createof FTL-Cayman to, issueissue any Debt secured after the date of this Indenture by pledge of, incuror mortgage or lien on, assume any property of FTL-Cayman or guarantee any Secured Debt without making effective provision (and the Company covenants that in such case it will make or cause to be made effective provision) whereby the Senior Notes then outstanding and any other indebtedness of or guarantee by the Company or such Restricted Subsidiary then entitled thereto of FTL-Cayman or any shares of Capital Stock or Debt of any Restricted Subsidiary of FTL-Cayman (any mortgages, pledges and liens being herein called "Mortgages"), without effectively providing that the Securities shall be secured by such Mortgage equally and ratably with (or prior to) such secured Debt and any and all other obligations and indebtedness thereby secured for Debt entitled to share in such security, so long as any such other obligations and indebtedness secured Debt shall be so secured, unless unless, after giving effect thereto, the aggregate amount of all such Secured secured Debt plus all Attributable Debt of the Company FTL-Cayman and its Restricted Subsidiaries in with respect of to sale and leaseback transactions (as defined in to which Section 1009) involving Principal Properties (other than sale and leaseback transactions permitted by clause (a)(1) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 1009) 4.10 is applicable would not exceed 105% of Consolidated Net Tangible Assets; provided, however, that this Section shall 4.09 does not apply to, and there shall be excluded from Secured secured Debt in any computation under this Sectionhereunder, indebtedness for money borrowed Debt secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will notnot itself, and will not permit any Restricted Subsidiary to createto, incur, issue, incur, assume or guarantee any Secured Debt secured by a Mortgage on any Principal Property or on any shares of stock or Debt of any Restricted Subsidiary, whether such Principal Property, stock or Debt is now owned or shall hereafter be acquired, without making effective provision effectively providing that the Securities (and together with, if the Company covenants that in such case it will make or cause to be made effective provision) whereby the Senior Notes then outstanding and shall so determine, any other indebtedness Debt of or guarantee by the Company or such Restricted Subsidiary then entitled thereto existing or thereafter created which is not subordinate to the Securities) shall be secured by such Mortgage equally and ratably with (or prior to) any and all other obligations and indebtedness thereby such secured for Debt, so long as any such other obligations and indebtedness secured Debt shall be so secured, unless unless, after giving effect thereto, the aggregate amount of all such Secured secured Debt (other than that permitted below) plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 1009) involving Principal Properties (other than those sale and leaseback transactions permitted by clause subsections (a)(1a), (c) and (d) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 10094.05) would not exceed 10% of the Consolidated Net Tangible AssetsAssets of the Company; provided, however, that this Section shall not apply to, and there shall be excluded from Secured secured Debt in any computation under this Section, indebtedness for money borrowed Debt secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will not, and will not permit any Restricted Subsidiary to create, issue, incur, assume or guarantee any Secured Debt without making effective provision (and the Company covenants that in such case it will make or cause to be made effective provision) whereby the Senior Notes Securities then outstanding and any other indebtedness of or guarantee by the Company or such Restricted Subsidiary then entitled thereto shall be secured by such Mortgage equally and ratably with (or prior to) any and all other obligations and indebtedness thereby secured for so long as any such other obligations and indebtedness shall be so secured, unless after giving effect thereto, the aggregate amount of all such Secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 1009) involving Principal Properties (other than sale and leaseback transactions permitted by clause (a)(1) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 1009) would not exceed 10% of Consolidated Net Tangible AssetsAssets of the Company and its consolidated Restricted Subsidiaries; provided, however, that this Section shall not apply to, and there shall be excluded from Secured Debt in any computation under this Section, indebtedness for money borrowed secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will shall not, and will not nor shall it permit any Restricted Subsidiary to createto, incur, issue, incurassume, assume guarantee or guarantee create any Secured Debt, without effectively providing concurrently with the incurrence, issuance, assumption, guaranty or creation of any such Secured Debt without making effective provision that the Notes (and together with, if the Company covenants that in such case it will make or cause to be made effective provision) whereby the Senior Notes then outstanding and shall so determine, any other indebtedness Indebtedness of or guarantee by the Company or such Restricted Subsidiary then entitled thereto shall existing or thereafter created which is not subordinated to the Notes) will be secured by such Mortgage equally and ratably with (or prior to) any and all other obligations and indebtedness thereby secured for so long as any such other obligations and indebtedness shall be so securedSecured Debt, unless unless, after giving effect thereto, the sum of the aggregate amount of all such outstanding Secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect together with all Attributable Debt relating to any Principal Property (with the exception of sale and leaseback transactions (as defined in Section 1009) involving Principal Properties (other than sale and leaseback transactions permitted by clause (a)(1) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs Attributable Debt which is excluded pursuant to clauses (1) through to (6) below and clause (a)(2) 8) of Section 1009) 4.05), would not exceed 1015% of Consolidated Net Tangible Assets; provided, however, that this Section 4.04 shall not apply to, and there shall be excluded from from, Secured Debt in any computation under this SectionSection 4.04 and under Section 4.05, indebtedness for money borrowed Indebtedness secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will notnot itself, and will not permit any Restricted Subsidiary to createto, incur, issue, incur, assume or guarantee any Secured Debt without making effective provision notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (and notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Article called "DEBT"), secured by pledge of, or mortgage or other lien on, any Principal Property, now owned or hereafter owned by the Company covenants or any Restricted Subsidiary, or any shares of stock or Debt of any Restricted Subsidiary (pledges, mortgages and other liens being hereinafter in this Article called "LIEN" or "LIENS"), without effectively providing that in such case it will make or cause to be made effective provision) whereby the Senior Notes Securities of each series then outstanding and Outstanding (together with, if the Company shall so determine, any other indebtedness Debt of or guarantee by the Company or such Restricted Subsidiary then entitled thereto existing or thereafter created which is not subordinate to the Securities of each series then Outstanding) shall be secured by such Mortgage equally and ratably with (or prior to) any and all other obligations and indebtedness thereby such secured for Debt, so long as any such other obligations and indebtedness secured Debt shall be so secured; PROVIDED, unless after giving effect thereto, the aggregate amount of all such Secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 1009) involving Principal Properties (other than sale and leaseback transactions permitted by clause (a)(1) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 1009) would not exceed 10% of Consolidated Net Tangible Assets; provided, howeverHOWEVER, that this Section shall not apply to, and there shall be excluded from Secured secured Debt in any computation under this Section, indebtedness for money borrowed Debt secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will notnot itself, and will not permit any Restricted Subsidiary to createto, incur, issue, incur, assume or guarantee any Secured Debt secured by a Mortgage on any Principal Property or on any shares of stock or Debt of any Restricted Subsidiary, whether such Principal Property, stock or Debt is now owned or shall hereafter be acquired, without making effective provision effectively providing that the Securities (and together with, if the Company covenants that in such case it will make or cause to be made effective provision) whereby the Senior Notes then outstanding and shall so determine, any other indebtedness Debt of or guarantee by the Company or such Restricted Subsidiary then entitled thereto existing or thereafter created which is not subordinate to the Securities) shall be secured by such Mortgage equally and ratably with (or prior to) any and all other obligations and indebtedness thereby such secured for Debt, so long as any such other obligations and indebtedness secured Debt shall be so secured, unless unless, after giving effect thereto, the aggregate amount of all such Secured secured Debt (other than that permitted below) plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 1009) involving Principal Properties (other than those sale and leaseback transactions permitted by clause subsections (a)(1a), (c) and (d) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 10094.05) would not exceed 10% of the Consolidated Net Tangible Assets; Assets of the Company, provided, however, that this Section shall not apply to, and there shall be excluded from Secured secured Debt in any computation under this Section, indebtedness for money borrowed Debt secured by:

Restrictions on Secured Debt. (a) The Company covenants and agrees that it will notnot at any time create, issue, incur, assume or guarantee, and will not cause, or permit any Restricted a Subsidiary to create, issue, incur, assume or guarantee guarantee, any Secured Debt without first making effective provision (and the Company covenants that in such case it will first make or cause to be made effective provision) whereby the Senior Notes Securities of any series then outstanding and any other indebtedness of or guarantee by the Company or such Restricted Subsidiary then entitled thereto which may subsequently be outstanding pursuant to this Indenture shall be secured by the Mortgage securing such Mortgage Secured Debt equally and ratably with (or prior to) any and all other obligations and indebtedness thereby secured for secured, so long as any such other obligations and indebtedness shall be so securedsecured unless, unless after giving effect thereto, the sum of the aggregate amount of all such outstanding Secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 1009) involving Principal Properties (other than sale and leaseback transactions permitted by clause (a)(1) of Section 1009 in reliance upon one of the exclusions set forth in paragraphs (1) through (6) below and clause (a)(2) of Section 1009) would not exceed an amount equal to 10% of the Consolidated Net Tangible Assets; provided. For Secured Debt that provides for an amount less than the principal amount thereof to be due and payable upon the acceleration of its final maturity, however, the principal amount of the Secured Debt at any time its principal amount is measured shall be the principal amount due and payable on the Secured Debt if the Secured Debt were to be accelerated at that this time. This Section 10.05 shall not apply to, be applicable to and there shall be excluded from Secured Debt in any computation under this Section, indebtedness for money borrowed secured bypursuant hereto: